Legal Question in Criminal Law in California

Re: Police Matter

1. The police have their own priorities.

2. The police are pretty good at finding people.

3. Anybody who thinks they might be arrested or charged with a crime should consult a criminal defense attorney.

4. Why is this any of your business?

Re: Police Matter

The police department decides for itself whether a given case gets high or low priority, and there is essentially nothing an outsider can do to change the way the police view a routine matter like this one. Your company cannot force the police to pursue the case more vigorously or to arrest your friend.

It is generally not a crime to move and to thereby become harder for the police to find -- even if this is the reason for the move. Since it seems there is no warrant yet for your friend's arrest, the fact that she has moved should not be a problem. However, the police will probably be able to find her if they decide to put some effort into the search, and at if she is prosecuted the D.A. may be able to argue that her efforts to disappear show that she knows she has committed a crime.

Whether your friend's prior theft can be used against her in court depends upon a number of facts which you have not provided. Usually, prior bad acts are not admissible because they tend to prejudice the jury against the defendant. However, if she used the same methods to steal from both employers, the prior incident could be used to argue that the same person committed both crimes.

The prior employer broke no laws by telling your boss what your friend had done. She can sue the employer for defamation if she wants, but if the employer can show that its statements are true then your friend will lose.

If she is tried and convicted, then the company will have only a very limited role in deciding her punishment. It will be able to have a representative testify at the sentencing hearing about how the thefts affected the company and other details, but that's it. The D.A. also does not get to decide the punishment -- that's part of the judge's job. The D.A. will recommend a sentence, but defense counsel will also recommend one. The judge does not have to accept either recommendation, but in most cases there are only a few sentencing options available and he will have to choose one of them even if he believes a different punishment would be more appropriate.

Whether your friend ends up in prison will depend upon many factors, but you seem to believe that getting the right lawyer will guarantee she won't go to jail and that is not how it works. A good lawyer may be able to successfully defend her, but in predicting the chances that she will go to prison the facts of the case are much more important than the identity of the lawyer.